Tyus

Tyus v. City of Los Angeles

Good Law
141 Cal. Rptr. 630·1977 Cal. App. LEXIS 1958·74 Cal. App. 2d 667·74 Cal. App. 3d 667
Court of Appeal of CaliforniaNovember 3, 1977Civ. 50397California2,125 words

Opinion

Opinion

Ashby, J.

—This is an appeal from an order denying appellant’s petition under Government Code section 946.6 to be relieved of his failure to file a timely claim with the City of Los Angeles as a condition precedent to the filing of a suit for damages for personal injuries. (Gov. Code, § 945.4.) The trial court’s resolution of the issues presented by the petition is subject to appellate review only for an abuse of discretion not supported by substantial evidence. (Bennett v. City of Los Angeles, 12 Cal.App.3d 116, 120-121 [ 90 Cal.Rptr. 479 ]; Black v. County of Los Angeles, 12 Cal.App.3d 670, 674 [ 91 Cal.Rptr. 104 ]; Roberts v. State of California, 39 Cal.App.3d 844, 847 [ 114 Cal.Rptr. 518 ]; Gov. Code, § 946.6, subd. (e).)

In his proposed complaint appellant alleges that he suffered personal injuries at the hands of Los Angeles police officers while being arrested on January 7, 1975. Appellant did not submit a written claim or application for leave to present a late claim until April 23, 1976. Appellant obviously failed to satisfy either the 100-day time limit for filing a written claim for personal injuries (Gov. Code, § 911.2) or the 1-year time limit for filing with the city…

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